Effect of an equitable assignment of debt and material irregularity at an IVA meeting (Court of Appeal) | Practical Law
In Kapoor v National Westminster Bank plc and another [2011] EWCA Civ 1083 (05 October 2011), the Court of Appeal considered if an equitable assignee of a debt was able to vote at a meeting of creditors called to consider a debtor's proposal for an individual voluntary arrangement (IVA). In addition, the court reviewed whether the absence of good faith on the part of a debtor could represent a material irregularity in connection with the creditors' meeting, within the meaning of section 262(1)(b) of the Insolvency Act 1986.